Leave — Family and Medical Leave Act & California Family Rights Act

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The Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) apply to employers with 50 or more employees and provide for overlapping as well as separate family and medical leaves. California also has the New Parent Leave Act (NPLA), which applies to employers with 20 or more employees. It is important to understand the requirements of each Act, their interaction with other types of leaves of absences to determine what leave law applies during different situations related to COVID-19.

FMLA and CFRA both provide a maximum of 12 weeks of leave in a 12-month period. FMLA also provides 26 weeks of leave for an employee who is the spouse, son, daughter, parent or next of kin for a covered military service member who requires care.

Employees are eligible if employed at a worksite with 50 or more employees and have worked for the employer for 12 months (may not be consecutive) and 1250 hours in the 12 months prior to the need for leave.

The employee can use FMLA and/or CFRA in the following circumstances:

• The employee’s own serious health condition (FMLA/CFRA)
• A qualifying exigency relating to a close family member’s military service (FMLA only)
• Up to 26 weeks per 12-month period to care for an ill or injured service member (FMLA only)
• Pregnancy-related disability (FMLA only)
• Bonding with a newborn, and adopted child or a child placed in foster care with an employee (FMLA/CFRA or CFRA only)
• Caring for a family member (parent, child, spouse) with a serious health condition (FMLA/CFRA)
• Caring for a registered domestic partner with a serious health condition (CFRA only)

As explained in the FFCRA Section, the Emergency Family Leave adds another qualifying reason for an employee to take FMLA leave while expanding the definition of covered employer to include virtually all California employees. In addition, the employee need only work for the employer for 30 days to be eligible for the new Emergency Leave unlike the FMLA where an employee is required to have worked for the employer for one year and 1,250 hours.

As stated in the FFCRA Section, Emergency Family Leave applies only to care of an employee’s children whose school or place of care is closed (or childcare provider is unavailable) due to COVID-19 related reasons

The New Parent Leave Act (NPLA) applies to all California employers who employ 20 or more employees and provides a maximum of 12 weeks of leave to bond with a new child within one year of the child’s birth, adoption or foster care placement. In addition, the employer must guarantee reinstatement to the same or a comparable position when the leave ends. The NPLA was enacted to ensure that more employees were allowed to avail themselves of leave following the birth or adoption of a child.

These leave laws are important to understand and properly administer so that your employee is afforded the greatest benefit under each law. For example, an employer with 30 employees must provide an employee who has just given birth 12 weeks of leave to bond with the new baby under the NPLA. Following the leave and the placement of the child in a child care arrangement, the employer may be required to provide the new mom an additional 10 weeks of leave under Emergency Family Leave if her childcare provider is closed as a result of COVID-19. In addition, if the new parent or spouse becomes ill with COVID-19, the employer may be required to provide up to 80 hours of paid sick leave (under Emergency Sick Leave) while the employee or his or her spouse self-quarantines at home.

An in-depth analysis into the FMLA, CFRA, NPLA and other required leave laws is beyond the scope of this Guide. Employers are encouraged to contact us should they have additional questions related to the implementation and application of these leave laws.

SEE ALSO

• FAQs: Family and Medical Leave Act & California Family Rights Act

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